Denton County, Texas Adult Criminal Justice Data Sheet For more information, contact Leah Pinney at [email protected], or (512) 441-8123 ext. 109. The Texas Criminal Justice Coalition seeks the implementation of realistic criminal justice strategies that safely reduce the State’s costly over-reliance on incarceration – creating stronger families, less taxpayer waste, and safer communities. Below, we have provided comprehensive information about Denton County’s adult population at various stages of criminal justice system involvement. We have also provided the associated costs at each stage to highlight the significant expense to incarcerate or supervise these populations. Total County Population Denton County Population:1 780,612 STAGE 1: Pretrial Jail Detention Of all the people incarcerated in Texas’ county jails, more than half (on average) have not been convicted of the crime for which they are accused. They are in pretrial detention, awaiting trial.2 Many men and women cannot afford the bond that would allow them to return to the community prior to trial; others are not given that option by judges, despite presenting little flight risk or posing no danger to public safety. This leads to unnecessary and costly jail overcrowding. Denton County Jail Population:3 1,119 Denton County Jail Pretrial Population:4 874 (78%) » Number of Pretrial Defendants with Misdemeanor Charges: 153 » Number of Pretrial Defendants with State Jail Charges: 2 » Number of Pretrial Defendants with Felony Charges: 563 Statewide Average Cost to County Taxpayers to Incarcerate One Individual in County Jail, Per Day (Pretrial or Post-Conviction):5 $59.00 Average Cost to Denton County Taxpayers to Incarcerate the Entire Denton County Jail Pretrial Population, Per Day: $51,566.00 » Average Cost to Incarcerate Pretrial Defendants with Misdemeanor Charges: $9,027.00 » Average Cost to Incarcerate Pretrial Defendants with State Jail Charges: $118.00 » Average Cost to Incarcerate Pretrial Defendants with Felony Charges: $33,217.00 Page 1 Texas Criminal Justice Coalition 1714 Fortview Road, Suite 104 Austin, Texas 78704 (512) 441-8123 www.TexasCJC.org STAGE 2: Court-Appointed Counsel Any indigent individual in Texas charged with a Class B misdemeanor or higher is entitled to court-appointed representation. However, counties pay for 81% of indigent defense costs, statewide. The state pays only 19%.6 As such, counties with already strained budgets may struggle to provide legal representation for all defendants who request an attorney. Number of Individuals (Adult and Juveniles) in Denton County Receiving Constitutionally Guaranteed Representation (Court-Appointed Counsel):7 6,294 » Number of Adults with Misdemeanor Charges: 3,518 » Number of Adults with Felony Charges: 2,274 » Number of Juveniles with Cases: 490 » Number of Individuals with Appeals Cases: 12 » Number of Individuals with Capital Cases: 0 Total Indigent Defense Expenditures Paid by Denton County in FY 2015:8 $3,433,075.73 State Formula-Based Grant9 Amount Received by Denton County to Provide Indigent Defense Services:10 $499,216.00 (15%) STAGE 3 – Option A Diversion from Incarceration to Community-Based Supervision (Probation) Judges have the option of sentencing certain individuals to probation instead of prison or jail. Not only is probation over 30 times cheaper than prison or jail,11 it is more effective than incarceration at lowering rates of re-offending, especially when paired with rehabilitative programming.12 As such, investments in probation help boost public safety in the long term and reduce the likelihood of victims. Number of Individuals in Denton County on Community Supervision (Probation):13 5,015 » Number of Individuals on Misdemeanor Probation: 2,961 » Number of Individuals on Felony Probation: 2,054 Statewide Average Cost to the State to Have One Individual on Probation, Per Day:14 $1.63 Average Cost to the State for the Entire Denton County Probation Population, Per Day: $8,174.45 Page 2 Texas Criminal Justice Coalition 1714 Fortview Road, Suite 104 Austin, Texas 78704 (512) 441-8123 www.TexasCJC.org STAGE 3 – Option B Incarceration in County Jail, State Jail, Prison, or a Designated Treatment Facility Texas has various types of correctional facilities to house individuals with misdemeanor or felony convictions. Our 246 county jails house individuals with both misdemeanor and felony offenses (including state jail felonies and felonies of various degrees); they also temporarily house parole violators and individuals awaiting transfer to another type of correctional facility.15 Texas’ 20 state jails16 house individuals with offenses of various levels.17 Our 57 prisons18 house individuals with felony or capital offenses. Our 5 Substance Abuse Felony Punishment Facilities (SAFPFs)19 house individuals with felony offenses who have been placed in this structured treatment regimen.20 Correctional Facilities in Denton County Denton County Jail Misdemeanor Offenses Number of Individuals Sentenced to Denton County Jail:21 178 Statewide Average Cost to County Taxpayers Incarcerate One Individual in County Jail, Per Day:22 $59.00 Average Cost to Denton County Taxpayers to Incarcerate the Entire Population of Individuals Sentenced to Denton County Jail, Per Day: $10,502.00 Felony Offenses Number of Individuals from Denton County Sentenced to State-Level Confinement: 1,682 » Number of Such Individuals Sentenced to State Jail:23 43 (3%) . Average Cost to the State to Incarcerate One Individual in State Jail, Per Day:24 $47.30 . Average Cost to the State to Incarcerate the Entire Population of Individuals from Denton County Sentenced to State Jail, Per Day: $2,033.90 » Number of Such Individuals Sentenced to Prison:25 1,627 (97%) . Average Cost to the State to Incarcerate One Individual in Prison, Per Day:26 $50.91 . Average Cost to the State to Incarcerate the Entire Population of Individuals from Denton County Sentenced to Prison, Per Day: $82,830.57 » Number of Such Individuals Placed in a SAFPF:27 12 (1%) . Average Cost to the State to Place One Individual in a SAFPF, Per Day:28 $62.68 . Average Cost to the State to House and Treat the Entire Population of Individuals from Denton County Placed in a SAFPF, Per Day: $752.16 Page 3 Texas Criminal Justice Coalition 1714 Fortview Road, Suite 104 Austin, Texas 78704 (512) 441-8123 www.TexasCJC.org STAGE 4: Community-Based Supervision After Release From Prison (Parole or Community Supervision) The vast majority of people who are incarcerated in state-level corrections facilities are ultimately released back into the community. Upon leaving state jail, most individuals are left unsupervised. Upon leaving prison, however, individuals are either supervised on parole, supervised on community supervision (e.g., shock probation), or released on “flat discharge” (unsupervised). Total Number of Individuals Released from State-Level Confinement to Denton County:29 859 » Number of Individuals Released to Community Supervision:30 15 (2%) . Statewide Average Cost to the State to Have One Individual on Probation, Per Day:31 $1.63 . Average Cost to the State for the Entire Denton County Post-Release Probation Population, Per Day: $24.45 » Number of Individuals Released to Parole Supervision:32 618 (70%) . Statewide Average Cost to the State to Have One Individual on Parole, Per Day:33 $4.04 . Average Cost to the State for the Entire Denton County Parole Population, Per Day: $4,294.52 » Number of Individuals Released on Flat Discharge:34 242 (27%) Return to Prison Number of Individuals in Denton County who Returned to Prison:35 95 Page 4 Texas Criminal Justice Coalition 1714 Fortview Road, Suite 104 Austin, Texas 78704 (512) 441-8123 www.TexasCJC.org References 1 United States Census Bureau, State & County Quick Facts: Texas – Denton County; available at http://quickfacts.census.gov/qfd/states/48/48453.html. Figure reflects “Population, 2015 estimate.” 2 Texas Commission on Jail Standards (TCJS), Abbreviated Population Report for 9/1/2016, p. 8, available at http://www.tcjs.state.tx.us/docs/AbbreRptCurrent.pdf. 3 Ibid. 4 Ibid. Total includes “Pretrial Felons,” “Pretrial Misd[emeanors]” and “ Pretrial S[tate] J[ail] F[elonies].” 5 Brandon Wood, then-Assistant Director of the Texas Commission on Jail Standards, in presentation at American Bar Association, Criminal Justice Section, Roundtable on Pretrial Detention in Texas, held in Austin, Texas, March 30, 2012. Figure reflects cost per jail bed per day. 6 Texas Indigent Defense Commission, Annual and Expenditure Report Fiscal Year 2015, p. 18; available at http://tidc.texas.gov/media/30757/fy14annual-report141229.pdf. Noting further, “Total indigent defense expenditures in FY 2015 were $230,032,683. Of that amount counties funded $186,734,927 and the state funded $43,297,756 through the Commission’s grant programs.” 7 Data obtained from Texas Indigent Defense Commission (TIDC) web portal at http://tidc.tamu.edu/Public.Net/ (“Quick Stats 2015”), as reported by each county’s auditor or person designated by the Commissioner’s Court. 8 Ibid. 9 This is the amount of the formula grants provided to Denton County in fiscal year 2015. In 2002, the Texas Legislature began providing state funds for indigent defense and directed the Texas Indigent Defense Commission to distribute these funds in the form of grants to counties to help counties improve their indigent defense systems and promote compliance with the requirements of state law relating to indigent defense. 10 TIDC web portal at http://tfid.tamu.edu/Public.net/. 11 The per person per day total for prison is $50.91; this is an average of 3 FY 2014 costs: Pre-1987 Facilities ($53.87), 1,000 Bed Prototype Facilities ($46.04), and 2,250 Bed Prototype Facilities ($52.83). The per person per day cost for jail is $59.00 according to the Texas Commission on Jail Standards (See note 5). The per person per day state cost for probation is $1.63. See the Legislative Budget Board (LBB), Criminal and Juvenile Justice Uniform Cost Report, Fiscal Years 2013 and 2014, Submitted to the 84th Texas Legislature, February 2015, p.